KRISHNAN
In Re: Jayaramulu Naidu – Appellant
Versus
Unknown – Respondent
Krishnan, J.
1. This revision case is filed by accused 2 and 3 only in C.C. No. 152 of 1921 on the file of the Third Class Magistrate of Uttaramerur. They have been convicted under Section 55 Clause (a) of Act I of 1386, the Madras Abkari Act, for being in possession of liquor without a proper licence obtained for the purpose. The first accused has not come up here at all. It is argued on behalf of accused 2 and 3 that there is no evidence on record to show that they were in possession of the liquor. The finding of the lower court is that the liquor was found in a cattle-shed which belonged to accused 2 and 3 in which the first accused was selling the liquor. When the authorities came up on the scene the first accused seems to have locked up this shed and bolted and the door of the shed had to be broken open to get access into it. The lower court no doubt holds that the 2nd and 3rd accused should also be considered to have been in possession of the liquor because they were the owners of the shed but I think this finding cannot be accepted for in Section 55(a) the word possession I think does not mean constructive possession but actual possession. It is only people who are actua
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